Evidence Linear Law

7/29/2019 Evidence Linear Law

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Evidence

General Provision What need not be proved Rules of admissibility

Burden of proof and Presumptions Presentation of Evidence

Weight and sufficiency of Evidence Perpetuation of Testimony


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Rule 128: General Privisions

Definition Electronic Evidence

Scope Admissibility and Relevancy of Evidence

Evidence is a means, sanctioned by these

rules, of ascertaining in a judicial proceeding

the truth respecting a matter of fact

** Law on evidence is not amended by

Electronic Commerce Act except the rule

relating to authentication and best evidence

Original of an electronic document or data shall be

regarded as equivalent of an original document

under Best Evidence Rule if it is a printout or an

output readable by sight or other means show to

reflect the data accurately.

When a document is in 2 or more copies executed

at or about the same time with identical contents

that accurately same as the original, such copies or

duplicates shall be regarded as the equivalent of

the original

Except:

1) A genuine issue is raised as to the

authenticity of the original

2) Under the circumstances, it would be

unjust or inequitable to admit the copy in

lieu of the original.

Rules shall be the same in all

courts, trials and hearings except

as otherwise provided by law or

these rules.

-Admissible Evidence is admissible when it is relevant and not

excluded by these rules

-synonymous with competent evidence

-to be relevant evidence must have such a relation to the fact

in issue as to induced to belief in its existence or non-existence.

Burden of proof-duty of a party to present evidence on the

facts in issue necessary to establish his claim or defense by the

amount of evidence required by law

- Extra-judicial confession is admissible if: 1) made with


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Direct Evidence- is evidence which proves proposition without relying on any evidence.

It is almost always admissible

Circumstantial Evidence or Indirect Evidence- is evidence of subsidiary fact from

which existence of ultimate fact may be inferred.

Requisites to be sufficient to support conviction:

a. There must be more than one circumstance

b. Facts which the inferences are derived have been proven

c. Combination of all circumstances results in a moral certainty that the accused, to

the exclusion of all the others is the one who has committed the crime.

Thus, to justify a conviction based on circumstantial evidence, the combination of

circumstances must be interwoven in such a way as to leave no reasonable doubt as to

the guilt of the accused

Cumulative Evidence- is that additional evidence, of the same kind to the same state

of facts.

Corroborative Evidence- additional evidenceof a different character to the same point

Positive Evidence-when the witness affirms that a fact did not occur.

Negative Evidence- when the witness states that he did not see or know the

occurrence of a fact.

Prima Facie Fact- is such as established as a fact unless rebutted or explained by

evidence becomes conclusive and to be considered if duly proved.

Conclusive Evidence- evidence which is incontrovertible.

Primary or best evidence- that which affords the greatest certainty of the fact in

question.

Secondary Evidence- that which is inferior to primary evidence and which upon its face

shows that better evidence exists.

General Rule: Evidence on collateral matters shall not be allowed

Exception: When it tends in any reasonable degree to establish the probability or the

improbability of the fact in issue.

Collateral Matters-they are those other than the issue which are offered as a basis forinference as to the existence or non-existence of the fact in issue.

Factum Probandum-ultimate fact sought to be established

Factum Probans- evidentiary fact by which factum probandum is established.


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General Rule:Annexes attached to pleadings , if not offered formally are mere scraps

of paper and should not be considered by the court.

Exception:

a) Under rule on summary procedure, where no full blown trial is held in the interest

of speedy administration of justice.

b) In summary judgments under Rule 35 where the judge bases his decisions on

the pleadings, depositions, admissions, affidavit and documents filed with the

court.

c) Documents whose contents are taken judicial notice by the court.

d) Documents whose contents are judicially admitted.

e) Object evidence which could not be formally offered because they have

disappeared or have become lost after they have been marked, identified and

testified on and described in the record and became the subject of cross-

examination of witnesses who testified on them during the trial.

Rule 129: What need not be proved

Judicial notice Judicial Admission

When Mandatory (without

introduction of evidence):

Existence and territorial extent of

states

Political history

Forms of government and Symbols of

nationality

The law of nations

Admiralty and maritime courts of the

world and their seals

Political constitution

History of the Philippines

The official acts of legislative,

executive and judicial departments of

the Philippines

Laws of natureMeasures of time

Geographical divisions

When discretionary

-court may take judicial

notice on matters which are

of public knowledge or are

incapable to unquestionable

demonstration, or ought to

be known to judges because

of their judicial functions.

-hearing is necessary when

the court on its own

initiative or on request of a

party, may announce its

intention to take judicial

notice of any matter and

allow parties to be heardthereon.

-verbal or written made in the

course of proceedings in the

same case, does not require

proof.

-The admission may be

contradicted only by showing

that it was made through

palpable mistake or that no

such admission is made


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Rule 130: Rules of Admissibility

Object Evidence Documentary Evidence

Best Evidence Original document must be produced

Are those addressed to the senses of

the court, When an object relevant tothe fact in issue, it may be exhibited

to, examinedor viewed by the court.

Documents as evidence consist in

writing or any material containingletters, words, numbers figures,

symbols or other modes of written

expression offered as proof of their

contents.

General Rule: When object of the

inquiry is subject of the document, no

evidence shall be admissible other

than the original document itself

Exceptions:

1)When the original has been lost or

destroyed, or cannot be produced in

court, without bad faith on the part

of the offeror

2)When the original is in the custody

or under control of a party against

whom the evidence is offered and

the latter fails to produce it after

reasonable notice.

3) When the original consists of

numerous accountsor other

documents which cannot be

examined in court without loss of

time and the fact sought to be

established from them is only the

general result of the whole.

4)When the original is a public

record in the custody of a public

officer or is recorded in a public

office.

**Original of the

document is one the

contents of which is

subject of the inquiry

-when the document is

in 2 or more copies

executed at or about the

same time , with

identical contents , all

such copies areoriginally regarded as

originals

-When an entry is

repeated in the regular

course of business, one

being copied from

another or near the

time of transaction, all

entries are likewiseregarded as originals


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SECONDARY EVIDENCE

When original document is not available When original is in adverse partys

custody or contro

Evidence admissible when original document is a public record

A party who calls for document not bound to offer

PAROL EVIDENCE

Evidence of written agreements 2 constructions w/c is preferred

The offeror upon proof of its

execution or existence and the cause

of its unavailability without bad faith

on his part may prove its content by a

copy , or by recital of its contents in

some authentic document, or by

testimony of the witnesses in the

order stated.

He must have reasonable notice

to produce it, if after such notice

and after satisfactory notice of

its existence, he fails to produce

the document, secondary

evidence may be presented in

the case of loss.

Its content may be prove by certified

copy issued by public officer in

custody thereof

Terms of an agreement deduced into

writing, it is considered as containing

all the terms and there can be,

between parties and successors ininterest, no evidence of such terms

other than the contents of such

written agreement

Exception: a party may present

evidence to modify, explain or add

the terms of written agreement if he

puts in issue in his pleading:

a)intrinsic ambiguity, mistake in or

imperfection in written agreement

When in different sense by different

parties- that sense is to prevail

against either party in w/c he

supposed to the other understood it

When equally proper-that is to be

taken which is the most

-one in favor of natural right is

preferred

-interpretation must be construed

accdg. To usage in order to determine

its true character.


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Partial modification of rules on evidence by R.A. 8792

TESTIMONIAL EVIDENCE Disqualification by reason of: mental incapacity

Marriage Death or insanity of adverse party

-Interpret according to its legal meaning unless parties intended otherwise

-Instrument must be construed to give effect to all its provisions

-when general and particular provisions are inconsistent, Particular intent will control the general

one that is inconsistent with it.

-interpret according to circumstances under w/c it was made

-evidence is admissible to show peculiar signification of terms

-written words control printed

-Experts and interpreters to be used explaining certain things

GR: All persons who can perceive and

perceiving, can make their own

perception to others, may be

witnesses Religious or political

beliefs, interest in the outcome of the

case or conviction of a crime unlessotherwise provided by law, shall not

a) Those whose mental condition, at the time

of their production for examination, is such

that they are incapable of intelligently

making their own perception to others

b) Children whose mental maturity is such as

to render them incapable of perceivingfacts which they are examined and of

relating them truthfully

GR: Husband or wife may testify for

or against the other without consent

of the affected spouse

Exp: In civil case by one against the

other, or in a criminal case for crime

committed by one against the other

or latters direct descendants or

ascendants.

Parties cannot testify to any matter of

fact occurring before the death of

such deceased person or before such

person became of unsound mind.


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Privileged communication Parental or filial privilege & Admission of a party

An offer of compromise is not admissible Admission by a third party

Admission by co-partner or agent Admission by conspirator

Admission by privies Admission by silence Confession

Husband or wife-during or after

marriage, without the consent of

another as to any communicationreceived by one in confidence.

Except in cases filed by one against

the other

Attorney, attorneys secretary,

stenographer or clerk

Person authorized to practice

medicine, surgery or obstetrics

Minister or priest

Public officer

Act, declaration or admission of a

party as to a relevant fact may be

given in evidence against him

In civil cases- it is not an admission of

any liability

Criminal case- it may be received inevidence as an implied admission of

guilt

Rights of a party cannot be prejudiced

by an act, declaration, or omission of

another except as therein provided

If made within the scope of his

authority and during the existence of

his partnership or agency may be

given in evidence

May be given in evidence against the

co-conspirator after the conspiracy is

shown by evidence other than such

act of declaration

Where one derives title to property of

another, the act, declaration or

omission of the latter, while holding

title, in relation to ro ert , is

**An act or declaration, of the accused acknowledging his guilt

or made in the presence and within the hearing or observation

of a party who does or says nothing when the act or declaration

is such as naturally to call for an act may be given in evidence


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Evidence of similar act

Similar acts as evidence unaccepted offer

Testimony generally confined to personal knowledge; hearsay excluded

EXCEPTIONS TO HEARSAY RULE

Dying declaration Declaration against interest Declaration about pedigree

Family reputation or traditionregarding the pedigree Common Reputation

If rejected without valid cause,

equivalent to the actual productionand tender of the money, instrument

or property

That a reasonable man would not

have made the declaration unless

he believed it to be true , may be

received in evidence against

himself or his successors in

interest and against third person

The act or declaration of a person

deceased, or unable to testify, in

respect to the pedigree of another

person related to him by birth or by

marriage, may be received in

evidence Where it occurred:

1)Before the controversy

2)The relationship between the 2

persons is shown by evidence other

than the act or declaration

May be received in evidence if the

witness testifying thereon be also a

member of the family , either by

consanguinity or affinity. Entries in

family bibles or other family books or

charts, engravings on rings, family

portraits and the like may be received

as evidence of pedigree

Existing previous the controversy,

respecting facts of public or general

interest more than thirty years old, or

respecting marriage or moral

character may be given in evidence.

Monuments and inscription in public

places may be recieved as evidence of

common reputation


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Part of Res Gestea(Statements made a person/things done/happened) Entries in the course of business

Entries in official records Commercial lists and the like learned treatises

Testimony or depositionAt a former proceeding Opinion Rule

Statements made by a person while

starting occurrence is taking place or

immediately prior or subsequent

thereto with respect to the

circumstances thereof, may be given

in evidence as part of res gestea

Statements accompanying an

equivocal act or material to the issue,

and giving it legal significance, may be

received as part of the res

-made at or near the time of

transactions to which they refer, by a

person deceased or unable to testify,

who was in the position to know the

facts therein stated, may be received

as prima facie evidence

**Entries in the official records made in the performance of his duty by a public officer are prima

facie evidence of facts stated therein.

**Evidence of statements of matters of interest to persons engaged in an occupation contained in

a list, register, periodical, or other so stated

**Judicial notice of treatise.

The testimony of a witness deceased

or unable to testify , given in a former

case or proceeding, involving the

same parties and subject matter, may

be given in evidence against the

adverse party who had the

opportunity to cross-examine him.

General Rule: Opinion of a witness is not admissible

Exceptions:

1) Opinion of expert witness (special knowledge, skill

orr experience)2) Opinion of ordinary witness for which proper

basis is given may be received in evidence regarding:

a)identity of a person about whom he has adequate

knowledge

b) Handwriting with which he has sufficient

familiarity

c)the mental sanity of a person with whom he is

sufficiently acquainted

The witness may also testify on his impressions of

the behavior, condition or appearance of a person.


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Character Evidence

Rule: 131: Burden of Proof and Presumptions

Burden of proof Conclusive and disputable presumptions

GR: Not admissible

Exceptions:

A.Criminal Cases:

1)Accuse may prove his good moral character

which is pertinent to the moral trait involved in the

offense charged.

2)Unless in rebuttal the prosecution may not prove

his bad moral character which is pertinent to the

moral character.

3)The good or bad moral character of the offended

party may be proved if it tends to establish in anyreasonable degree the probability or improbability

of the offense charged

B.In Civil cases, evidence of moral character of a

party is admissible only when pertinent to the issue

of character involved in the case.

C. In cases provided under Rule 132, section 14

It is the duty of a party to present

evidence on the facts in issue

necessary to establish his claim or

defense by the amount of evidence

required


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No presumption of legitimacy or illegitimacy

Rule 132: Presentation of Evidence

Examination of witness Proceedings Rights and obligations of

to be done in open court to be recorded a witness

-of a child born after 300 days after

the dissolution of marriage or the

separation of the spouses. Whoever

alleges the legitimacy or illegitimacy

of a child must prove his allegation

1) To be protected from

irrelevant, improper and

insulting questions and from

harsh insulting demeanor

2) Not to be detained longer

than the interest of justice

require

3) Not to be examined except

only to matters pertinent to

issue

4) Not to give an answer which

will tend to subject him to a

penalty of an offense unless

otherwise provided by law

5) Not to give an answer which

will tend to degrade his

reputation, unless it to be the

very fact at issue or to a fact

from which the fact in issue

would be presumed. But thewitness must answer to the

fact of his previous final

conviction for an offense


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Order of

examination of a witness Direct Examination Cross Examination

Re-direct examination Re-cross Examination Recall of witness

Leading and misleading questions

Questions which suggest to the

witness the answer which the

examining party desires is a leading

question. It is not allowed, except:

a) On cross examination

b) On preliminary matters

c) When there is difficulty in

getting direct and intelligible

answers from a witness who

is ignorant or a child of

tender years, or is of feeble

mind, or a deaf and mute

d) Of an unwilling or hostile

witness

e) Of a witness who is in

adverse party or an officer,

director, managing agent of a

public or private corporation

or of a partnership or of

association which is an

adverse party.

A leading questions one which

assumes as a true fact not yet

testified by the witness, or contrary

to that which he previously stated. It

is not allowed

The requirements of a child as a

witness

1) capacity of observation

2) capacity of recollection

3) capacity of communication


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Impeachment of Witness

Impeachment of A party mayAdverse partys witness not impeach his own witness

How witness is impeached Evidence of good characterBy evidence of inconsistent statement not admissible until such

Character has been impeached

Exclusion Adverse Party right to inspectand separation of witnesses writing shown to witness

Classes of documents: Public private; proof

By evidence that his general

reputation for truth, honesty, or

integrity is bad, or by evidence that

he has made at other times

statements inconsistent with his

present testimony, but not by

evidence of particular wrongful acts,

except that it may be shown by the

examination of the witness, or record

of the judgment, that he has beenconvicted of an offense

Exception:

1) unwilling or hostile witness

2)witness who is an adverse party

1)The statements must be related to

him2)With the circumstances of times

and places and the persons present

3)He must be asked whether he made

such statements and if so, allow to

explain them

If the statements be in writing they

must be shown to the witness before

any question is put to him concerning

them.

Execution and authenticity must be proved

a) By anyone who saw the document executed or written b) byevidence of the genuiness of signature or handwriting


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When evidence of How genuiness of handwritingauthenticity of a document not necessary be proved

Public documents Proof of Attestation of

as evidence official records documents

Irremovability Public record of a Proof ofOf public record private document lack of record

Impeachment of judicial record Proof of notarial documents

Alteration in Seal Documentary Evidencewritings its legal effect in an official language

Offer of Evidence When toMake offer Objection

When the private document is more

than thirty years old, is produced

from a custody in which it could

naturally be found genuine, and is

embellished by any alterations or

circumstances of suspicion, no other

evidence of its authenticity need be

given

By evidence of:a) by want of

jurisdiction b) by collusion of the

parties and c) farud in the

partyoffering the record, in respect to

the proceedings


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When repetition Striking Tender ofOf objection unnecessary Ruling out answer excluded evidence

Rule 133: Weight and sufficiency of Evidence

Preponderance of Evidence Proof beyond reasonable doubt

Extrajudicial confession Circumstantial evidenceNot sufficient ground for conviction when sufficient

Substantial Courts power to stopEvidence Further evidence Evidence in motion

1. When question is

objectionable

a)the witness answered the

questionbefore the adverse party

had the opportunity to voice fully

its objection to the same

b) When such objection is found

to be meritorious

2. When the answer itself is

objectionable, as when it is:

Incompetent

IrrelevantOtherwise improper

Weight of evidence on the issues

involved

Unless corroborated by evidence of

corpus delicti


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Rule 134: Perpetuation of testimony

Petition Contents Notice and Service Order of examination

Reference to court Use of deposition Depositions pending appeal

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